Freedom of Association (1st Amendment)

Question 1

Freedom of Association

Answer 1

is a fundamental right under the 1st Amendment and the govt. may only regulate the right to freely associate in a group if it satisfies Strict Scrutiny.

Question 2

The govt. may punish a person’s membership in a group if it proves the:

Answer 2

(1) Group is actively engaged in illegal activity or incites imminent lawless action;
(2) Person has knowledge of the group’s illegal activities; AND
(3) Person has the specific intent of furthering those activities.